Terms of Service

1. Definitions

In these Terms, the following definitions apply:

• "Lumnio" means the Analytics Audit Engine software, platform, and associated services operated by Datavance NZ.
• "We", "us", "our" means Datavance NZ, a New Zealand business.
• "You", "user" means the individual or organisation accessing or using Lumnio.
• "Service" means all features, tools, APIs, dashboards, and reports provided by Lumnio.
• "Audit" means a single automated crawl, analysis, or configuration check of a website or analytics property.
• "Content" means audit reports, screenshots, findings, and data generated by or submitted to the Service.
• "Subscription" means a paid plan granting recurring access to the Service.

2. Acceptance of Terms

By creating an account, accessing, or using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms. In that case, "you" refers to that organisation.

You must be at least 18 years of age to use the Service. By using Lumnio you represent that you meet this requirement.

3. Account Registration & Security

To access most features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Keep your login credentials confidential and not share them with third parties.
• Notify us immediately at support@datavance.nz if you suspect unauthorised access to your account.
• Accept responsibility for all activity that occurs under your account, whether or not authorised by you.

We reserve the right to suspend or terminate accounts where we reasonably suspect that credentials have been compromised, shared, or used in violation of these Terms.

4. Subscription Plans & Billing

Free tier: New accounts receive one (1) complimentary audit. No credit card is required for the free tier.

Paid plans: Enterprise and team plans are available on request. Pricing, scan volumes, and entitlements are agreed via a written order form or email confirmation from us to you. All pricing is in NZD unless otherwise stated.

Billing: Paid plans are billed in advance for the agreed period (monthly or annually). Payment is processed securely through Stripe. By providing payment details, you authorise us to charge your payment method for all amounts due.

Taxes: Prices exclude applicable taxes (including GST). You are responsible for any taxes applicable to your purchase under the laws of your jurisdiction.

Failed payments: If a payment fails, we will attempt to re-process it. Access may be suspended if payment remains outstanding for more than seven (7) days after the due date.

5. Refunds & Cancellation

Free tier: No charge, no refund applicable.

Paid scans: Once an audit scan has been initiated and consumed, it is non-refundable. This is because server-side compute, browser automation, and API calls are expended at the point of initiation, regardless of report outcome.

Subscriptions: If you cancel a subscription, you retain access until the end of the current billing period. No partial refunds are issued for unused time within a billing period, except where required by New Zealand consumer law.

Exceptions: We will issue a refund at our discretion where: (a) a technical fault on our end prevented the audit from completing, and (b) you contact us within 7 days at support@datavance.nz with details of the failed run ID.

Your rights under the New Zealand Consumer Guarantees Act 1993 and the Fair Trading Act 1986 are not excluded by this clause.

6. Authorised Use

You may use the Service only for lawful purposes and in accordance with these Terms. Permitted uses include:

• Auditing analytics and tag manager configurations for websites you own or are authorised to audit on behalf of a client.
• Generating diagnostic reports for internal business use or presentation to clients.
• Connecting your own Google Analytics and Google Tag Manager accounts via OAuth or service account credentials.

You must have explicit authorisation from the website owner before running any crawl or audit. Running audits against websites you do not own or have no written permission to audit is a breach of these Terms and may constitute a criminal offence.

7. Prohibited Conduct

You must not use the Service to:

• Conduct audits of websites without the owner's permission.
• Attempt to access, probe, or test the security of any system you are not authorised to access.
• Scrape, reproduce, or resell Lumnio's reports, interfaces, or underlying data.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Introduce malicious code, bots, or automated tools beyond the Service's intended use.
• Circumvent or attempt to circumvent any access controls, authentication, or rate limits.
• Violate any applicable law or regulation, including the New Zealand Privacy Act 2020 and the Computer Misuse Act.
• Use the Service in a manner that could damage, disable, or impair the Service or interfere with other users.
• Share account access with parties outside your organisation without our written approval.

8. Third-Party Services

The Service integrates with and relies on the following third-party providers. By using the Service, you also agree to the applicable terms of these providers:

• Google APIs (Analytics Data API, Tag Manager API, OAuth 2.0) — Google Terms of Service. Your Google account credentials are used in read-only mode and are encrypted at rest using AES-256.
• Stripe — Payment processing. Your card data is never stored by us. Stripe Terms of Service.
• Resend — Transactional email delivery (account verification, password reset). Resend Terms.
• OpenRouter / AI providers — Used for LLM-assisted strategic analysis within audit reports. No personally identifiable information is included in prompts.

We are not responsible for the availability, accuracy, or actions of third-party services. Changes to third-party APIs may affect Service functionality; we will endeavour to notify users of material impacts.

9. Intellectual Property

Our IP: All software, algorithms, interfaces, designs, branding, and documentation comprising the Lumnio Service are the exclusive intellectual property of Datavance NZ and are protected by New Zealand and international copyright, trademark, and related laws. Nothing in these Terms transfers any ownership of our IP to you.

Your data: You retain full ownership of the analytics data, GTM configurations, and website content you provide to the Service. You grant us a limited, non-exclusive licence to process that data solely for the purpose of delivering the Service to you.

Reports: Audit reports generated by the Service are based on your data and our proprietary analysis. You may use, share, and reproduce those reports for business purposes. You may not resell reports or present them as independently produced without attribution to Lumnio.

10. Data & Privacy

Our collection, use, and storage of personal information is governed by our Privacy Policy, which forms part of these Terms.

Data retention: Audit reports and run metadata are retained for 90 days from the run date, after which they are automatically deleted. Raw GTM container JSON uploaded during a session is never written to disk; it is processed in volatile memory and cleared on session end.

New Zealand Privacy Act 2020: We comply with the New Zealand Privacy Act 2020. If you believe we have not handled your personal information in accordance with this Act, you may make a complaint to the Office of the Privacy Commissioner at privacy.org.nz.

International transfers: Our services may involve processing data in cloud infrastructure located outside New Zealand (including Australia and the United States). We use standard contractual clauses and privacy-compliant data handling practices for such transfers.

11. Service Availability

We aim to maintain the Service with high availability, but we do not guarantee uninterrupted or error-free operation. The Service is provided on a commercially reasonable best-efforts basis.

We may suspend the Service for planned maintenance or emergency updates. Where possible, we will provide at least 24 hours' notice of planned downtime via email or in-app notification.

We are not liable for losses arising from Service unavailability caused by events outside our reasonable control, including but not limited to third-party API outages, internet disruptions, or force majeure events.

12. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranty of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that: (a) audit results are exhaustive or error-free; (b) the Service will detect all analytics configuration issues; (c) reports will meet any specific business or compliance requirement.

Audit results are diagnostic in nature and should be reviewed by a qualified analytics professional before making business decisions. Lumnio reports do not constitute professional advice.

13. Limitation of Liability

To the maximum extent permitted by New Zealand law, our total aggregate liability to you for any claims arising under or in connection with these Terms or the Service shall not exceed the greater of: (a) NZD $100; or (b) the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.

We are not liable for: indirect, incidental, consequential, punitive, or special damages; loss of profits, revenue, data, or goodwill; business interruption; or decisions made in reliance on audit reports.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded under New Zealand law, including under the Consumer Guarantees Act 1993 (where it applies).

14. Indemnification

You agree to indemnify, defend, and hold harmless Datavance NZ and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of the Service in breach of these Terms.
• Your use of the Service to audit websites you are not authorised to audit.
• Your violation of any applicable law or the rights of a third party.
• Any content or data you submit to the Service.

15. Termination

By you: You may close your account at any time by contacting us at support@datavance.nz. Unused paid credits at the time of closure are non-refundable unless we agree otherwise in writing.

By us: We may suspend or terminate your account immediately and without notice if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or pose a risk to the Service or other users.

Effect of termination: On termination: (a) your right to access the Service ceases immediately; (b) your data will be deleted within 30 days, except where retention is required by law; (c) clauses that by their nature should survive (including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law) will continue to apply.

16. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles.

Any dispute arising out of or in connection with these Terms or the Service shall first be addressed informally by contacting us at support@datavance.nz. We will endeavour to resolve the dispute within 30 days.

If the dispute cannot be resolved informally, it shall be submitted to the exclusive jurisdiction of the courts of New Zealand.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Effective" date at the top of this page and notify registered users by email at least 14 days before material changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service before the effective date.

18. Contact & Notices

For questions, complaints, or legal notices regarding these Terms, please contact: